Hukamichandra vs The State Of Madhya Pradesh
2025 Latest Caselaw 752 MP

Madhya Pradesh High Court

Hukamichandra vs The State Of Madhya Pradesh on 14 May, 2025

Author: Vivek Rusia

Bench: Vivek Rusia

          NEUTRAL CITATION NO. 2025:MPHC-IND:12733




                                                                   1                         WP-15707-2025
                              IN       THE    HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                            BEFORE
                                               HON'BLE SHRI JUSTICE VIVEK RUSIA
                                                               &
                                             HON'BLE SHRI JUSTICE GAJENDRA SINGH
                                                     ON THE 14 th OF MAY, 2025
                                                  WRIT PETITION No. 15707 of 2025
                                                    HUKAMICHANDRA
                                                         Versus
                                        THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                                 Shri Akshay Bhonde - Advocate for the petitioner.
                                 Shri Bhuwan Gautam - Govt. Advocate for the respondent / State.

                                                                   ORDER

Per: Justice Vivek Rusia

01. The petitioner claims that he stood superannuated from service on 30.06.2016 and, therefore, he is entitled to get the benefit of annual increment which became due to him on 01.07.2016. In the case of Director (ADMN) and HR KPTCL v/s C.P. Mundinamani reported in 2023 SCC OnLine SC 401 , the Supreme Court held that the entitlement to receive increment crystallizes when the Government servant completes a requisite length of service with good conduct and

becomes payable on the succeeding day. The Supreme Court further held that annual increment earned on the last day of service for rendering good service preceding one year from the date of retirement with good behaviour and efficiency is liable to be paid to the employee.

02. The Government of Madhya Pradesh has already issued Circular dated 15.03.2024 directing all Government departments to grant annual increment to all

NEUTRAL CITATION NO. 2025:MPHC-IND:12733

2 WP-15707-2025 the employees who have been retired on 30th June / 31 st December on 1 st July or

1st January as the case may be.

03. Learned Government Advocate for the respondents / State submits that there are thousands of employees who are governed by the Circular and the said Circular is being implemented, but in case of delay in approaching the Court, the petitioner shall not be entitled to get the arrears and interest.

04. Admittedly, the petitioner has superannuated from service on 30.06.2016 and he was entitled to get the annual increment on the succeeding day

of the retirement i.e. 1st July, 2016.

05. The Hon'ble Apex Court has recently disposed of the Civil Appeal No.3933/2023 (Union of India and another V/s M. Siddaraj) decided on 20.02.2025 in respect of grant of annual increment to the retired Government employees who retired on 30th June from the service. The directions issued in the said order are as under:

"(a) The judgment dated 11.04.2023 will be given effect to in case of third parties from the date of the judgment, that is, the pension by taking into account one increment will be payable on and after 01.05.2023. Enhanced pension for the period prior to 31.04.2023 will not be paid.

(b) For persons who have filed writ petitions and succeeded, the directions given in the said judgment will operate as res judicata, and accordingly, an enhanced pension by taking one increment would have to be paid.

(c) The direction in (b) will not apply, where the judgment has not attained finality, and cases where an appeal has been preferred, or if filed, is entertained by the appellate court.

(d) In case any retired employee filed an application for intervention/impleadment/writ petition/original application before the Central Administrative Tribunal/High Courts/this Court, the enhanced pension by including one increment will be payable for the period of three years prior to the month in which the application for intervention/ impleadment/ writ petition/ original application was filed."

06. The Hon'ble Apex Court has held that the clause (d) will not apply to

NEUTRAL CITATION NO. 2025:MPHC-IND:12733

3 WP-15707-2025 the retired Government employees who filed the petition / original application before the High Court or Tribunal after the judgment passed in case of Union of India and another V/s M. Siddaraj (passed on 19.05.2023 in Civil Appeal No.3933/2023) and in such cases clause (a) will apply. It has also been held that it will be open to any person aggrieved by non-compliance of the aforesaid directions to approach the concerned authorities in the first instance and if required, the administrative Tribunal or the High Court as per law. The Government has been directed to examine the cases of the petitioner in terms of the aforesaid order passed on 20.02.2025 and comply with the same expeditiously.

07. In view of the above, this petition is disposed of by giving direction to the petitioner to submit a detailed representation within a period of 30 days from today by way of registered post to the respondent / Competent Authority.

08. After receipt of the representation, the authority shall consider and grant the benefit as per Para (a) of the order dated 20.02.2025 passed by the Hon'ble Apex Court i.e. one increment will be given from 01.05.2023 and prior to 31.04.2023 no enhanced pension will be paid.

09. Writ Petition stands disposed of in the above terms.

                                     (VIVEK RUSIA)                                    (GAJENDRA SINGH)
                                         JUDGE                                             JUDGE
                           Vatan